Can an abortion be conducted after 20 weeks of pregnancy?

Last updated on Jun 16, 2022

Except in case of emergeny abortions, the law does not state who can take a decision if an abortion is required after 20 weeks. Legally, doctors are not allowed to decide on this. So, the only recourse for a pregnant woman will be to approach the Courts allow the abortion.

There are many cases where a request has been made to the Courts to abort the fetus after 20 weeks, for several reasons such as:

  1. The pregnancy is harmful to the health of the woman.
  2. The pregnancy would result in abnormalities for the baby.
  3. The pregnancy was caused by an act of rape.
  4. The abortion could not be done before 20 weeks because of the negligence of medical authorities.

Courts usually refer such cases to a Medical Board or a Medical Panel set up in hospitals, to look into the pregnancy and determine whether the abortion should be conducted, taking into account the health and well-being of both the mother and the fetus. After carefully considering the opinion of the Board or Panel, they decide whether the abortion beyond 20 weeks should be allowed.

The decisions made by Courts are usually on a case-to-case basis. For example, the Kerala High Court 1 dismissed a couple’s plea to abort a 35-week-old fetus. The couple had requested the abortion for medical reasons because the fetus has serious developmental brain anomalies. The Punjab and Haryana High Court2 has decided to look into the issue of abortion after 20 weeks of pregnancy.

For more information on access to safe abortions, please refer to this government handbook.

  1. Akhila Kurian Alias Akhila Ann Baby v. Union of India, WP (C) No. 27842 of 2020.[]
  2. Kavita and Another v. Post Graduate Institute of Medical Education and Research, through its Director and Others, CWP No. 11394 of 2020. []

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Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Who does this law apply to?

A pregnant woman can seek a legal abortion under two circumstances - to safeguard her health and in case of fetal abnormality.

What are the abortion records to be kept by hospitals and doctors?

By way of records of an abortion, hospitals must maintain the doctor's opinion, the consent form of the patient and admission registers

Can a married woman terminate an unwanted pregnancy?

Within 20 weeks of the pregnancy, the doctor can perform the abortion if the married woman desires and is necessary for her mental health.

Does a woman suffering from mental illness have the right to get an abortion?

Consent of a guardian is necessary to perform abortion on a woman suffering from any mental illness under the MTP Act 1971.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.